Common use of Owner Tests, Observations and Inspections Clause in Contracts

Owner Tests, Observations and Inspections. The Owner and the Owner’s Representative, and their respective employees, agents, representatives and contractors (which may be selected in their discretion), and all Governmental Bodies having lawful jurisdiction, may at any reasonable time and with reasonable notice conduct such observations and inspections, and such civil, structural, mechanical, electrical, chemical, or other tests, as the Owner deems necessary or desirable to ascertain whether the Design-Build Work complies with this Design-Build Agreement. Such observations, inspections and tests may be conducted on- site or anywhere off-site, and may include factory inspections of piping and equipment. The costs of such test, observation or inspection shall be borne by the Owner unless such test, observation or inspection reveals a material failure of the Design-Build Work to comply with this Design-Build Agreement or Applicable Law, in which event the Design-Builder shall bear all reasonable costs and expenses of such observation, inspection or test. In the event that any requested test, observation or inspection causes a material delay in the construction schedule, the Scheduled Acceptance Date shall be adjusted to reflect the actual period of time needed for completion as directly caused by the requested testing, but only if such testing, observation or inspection does not reveal any material failure or non-compliance as set forth herein.